Case: Olivia Y. v. Barbour

3:04-cv-00251 | U.S. District Court for the Southern District of Mississippi

Filed Date: March 30, 2004

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 30, 2004, children in the custody of the Mississippi Department of Human Service's Division of Family and Children's Services, on behalf of abused and neglected children in the State of Mississippi, filed this lawsuit in the U.S. District Court for the Southern District of Mississippi. The plaintiffs sued the Department of Human Services (DHS) and the Division of Family and Children's Services (DFCS) under 42 U.S.C. § 1983. Represented by private and public counsel, the plaintiffs ask…

The complaint alleged that the defendants harmed and put at risk members of the plaintiff class in numerous ways: failing to investigate or confirm credible reports of abuse and neglect; failing to provide services to children found to be abused or neglected; failing to respond to requests for applications by people interested in becoming foster and adoptive parents, resulting in a shortage of foster parents; placing children in unsafe or unsuitable care and failing to monitor in-custody children to ascertain that they are safe; over-institutionalizing foster children by placing children of all ages in institutional or group settings regardless of their needs; failing to provide foster children with necessary medical, dental, and mental health services; and failing to file petitions to free children for adoption by terminating parental rights in accordance with federal statutory timeframes. The complaint also alleged that the state was repeatedly denied federal funds because of deficient case record documentation and the placement of children in unlicensed homes and facilities, and that the defendants failed to follow through the reform plan they initiated in the late 1990s to address the state's systemic child welfare failures. All this, the plaintiffs said, was due to understaffing, mismanagement, and the failure to implement necessary reforms, which resulted in violations of Substantive Due Process, Procedural Due Process, Equal Protection, state law, and the federal Adoption Assistance and Child Welfare Act.

The plaintiffs sought a declaration that the defendants' violation of class members' rights was unlawful; a permanent injunction forbidding the defendants to subject members of the plaintiff class to practices that violated their rights, including remedial provisions to ensure that a detailed curative plan was developed, implemented, and monitored; and an award of reasonable attorneys' fees and costs.

On March 30, 2004, plaintiffs sought class action certification for two plaintiff subclasses: (1) all children who are or will be in the custody of DFCS ("In-Custody Class"); and (2) all of those children who are not in DFCS custody, but have been or are at risk of being abused and neglected and about whom the defendants have received a report of abuse or neglect ("Protective Services Class"). The defendants then moved to dismiss on June 1, 2014 and filed a motion to stay consideration of the motion for class certification pending a ruling on the motion to dismiss.

On November 18, 2004, the Court (Judge Tom S. Lee) dismissed all claims sought to be asserted by and on behalf of the "Protective Services Class" and also dismissed the claims of the "In-Custody Class" for violation of their alleged procedural due process rights and for violation of the Adoption Assistance and Child Welfare Act. Hence, there only remained claims of the putative "In-Custody Class" for violation of their substantive due process rights. 351 F. Supp. 543.

On March 11, 2005, the Court (Judge Lee) granted class certification for the "In-Custody Class" only, reasoning that even though each plaintiff and proposed class member may not have suffered the same type or degree of harm, because it appeared that defendants' alleged acts and omissions posed a significant risk of similar harm to all (or at least the requisite "significant number" of) children in DHS custody, the requirements of commonality and typicality were satisfied. Judge Lee also held that plaintiffs' allegations related to defendants' actions and inaction with respect to the class as a whole and the relief plaintiffs sought would be relief with respect to the class as a whole.

Discovery and litigation continued while the parties entered settlement discussions. These talks were successful and, on April 3, 2007, the parties filed a joint motion for preliminary approval of a stipulated settlement agreement. The court granted this motion the same day.

The settlement stated that the parties agreed to move directly to the remedial phase of the litigation, and that the parties would attempt to agree on a remedial plan developed by the defendants and the Council on Accreditation (COA). The plan would state specific actions and timelines for the defendants to achieve accreditation and conform the state standards with federal standards regarding foster care and would also cover the services and plans for the named plaintiffs. It would be court enforceable and provide for an outside monitor. The parties agreed to mediation to try to facilitate settlement and that they would proceed to a trial as to the scope of the necessary remedy, if such mediation failed.

On November 8, 2007, the parties agreed upon the Mississippi Settlement Agreement and Reform Plan and filed a joint motion for its approval. On January 4, 2008, the court approved the plan. The Plan stated that:

the named plaintiffs who remained in state custody as of the Stipulated Settlement Agreement all will have an individual plan that provides for permanency and independent living services monitored by the plaintiffs' counsel;
the defendants will meet the standards and outcome measures of this Plan within five years of the court's approval or within any earlier interim timelines specified;
the DFCS's foster care services will be accredited by COA;
the director of DFCS will have an advanced degree relevant to the agency's mission and services and at least five years of related experience;
no DFCS caseworker will carry an excessive caseload and individual caseloads shall be measured monthly;
all newly hired DFCS foster care workers will have an advanced degree in social work or a comparable human services field, or a B.A. in social work or a comparable human service field with two years of related experience;
the DFCS will maintain a training unit to provide comprehensive child welfare training to all employees;
the DFCS will begin implementing a separate continuous quality improvement (CQI) system and will improve recordkeeping and information retention in a variety of specified ways;
the DFCS will engage in a thorough screening of the child and conduct an individualized assessment of the family upon taking the child in custody for foster care services;
shortly after a child's entrance into foster care, a team meeting will be convened to develop a service plan for the child and to document a permanency plan in the child's case record;
the DFCS will maintain a well-publicized statewide child abuse hotline for the reporting of abuse and/or neglect;
each child will receive a comprehensive health assessment, periodic medical examinations, and all medically necessary follow-up services and treatment throughout their stay in state custody;
the DFCS caseworkers will screen each child for general and special educational needs and take reasonable steps to ensure that school-age foster children are registered for and attending accredited schools;
regardless of whether a child's foster care placement is being supervised by DFCS or by a contract agency, the assigned DFCS caseworker will meet with the child and visit at least once a month during the child's placement;
the DFCS will make available a sufficient number of appropriate placements for all children in its custody; and
defendants' compliance will be monitored by independent monitoring.

There was also a fees settlement agreement. On August 7, 2008, the Court (Judge Lee) granted attorneys' fees and expenses to the plaintiffs of nearly $5 million. Monitoring fees continued.

On June 5, 2009, the monitor's report noted that, despite the defendants' significant accomplishments, including initiatives that had been introduced and were being managed by a newly hired and experienced team of child welfare professionals, the pace of progress during Period 1 did not meet the Agreement's requirements. To meet the required reforms within the five-year timetable, the monitor stated that the defendants would need to accelerate and intensify their efforts.

The next year, the monitor's report noted that, although DFCS has been reorganized under a new management team and had received more funding, both the pace and breadth of defendants' progress during Period 2 was, again, inadequate. Specifically, efforts to satisfy the Agreement requirements continued to be belated and were often insufficient.

On July 6, 2012, the parties agreed to and the court approved the Modified Mississippi Settlement Agreement and Reform Plan, the filing of which constituted the commencement of Implementation Period 3. This third implementation plan and each subsequent annual implementation plan were incorporated in the Agreement and would be developed jointly with the parties 90 calendar days prior to the end of the previous 12-month period. The Modified Mississippi Settlement Agreement and Reform Plan provided a more specific statewide and region-by-region approach to reform.

On March 9, 2015, plaintiffs filed a motion for contempt, requesting that the Court find that defendants in noncompliance with the Period 3 Implementation Plan and the July 9 Order. They requested that the Court appoint experts with expertise in implementing child welfare system reform to conduct an organizational analysis.

On July 23, 2015, Judge Lee ordered that the defendants retain Public Catalyst to conduct an organizational analysis of DFCS to assess the state of the system and hire an Executive Director of DFCS. Judge Lee also ordered that the parties negotiate a Court-enforceable Remedial Order based on the recommendations within three weeks of the date of the Final Organizational Analysis Report. Judge Lee ordered that the DFCS Executive Director consult with an Advisory Group of three experts for not less than three years following the filing date of the Remedial Order and stated that if the defendants did not comply with the terms of the order, then the plaintiffs could immediately seek a hearing on the remedial portion of their motion.

On December 22, 2015, Judge Lee granted the parties' Joint Motion for Entry of Interim Remedial Order ordering that the defendants house DFCS within the Mississippi Department of Human Services (MDHS), that DFCS begin oversight of its own budget, personnel, and management information system functions, that DFCS implement caseload standards as set forth in the Modified Settlement Agreement (MSA), and that DFCS build a better-resourced DFCS Field Operations team and better allocate its resources. Finally, Judge Lee ordered that the remedy phase of the motion for contempt shall be continued until May 15, 2016 at which time the parties shall submit a Final Remedial Order to the Court or, in the absence of an agreement on a Final Remedial Order, the plaintiffs shall proceed with the remedy phase of the contempt motion.

Defendants failed to meet the standards set forth in the MSA. On January 6, 2016, the Monitor submitted a report concluding that "defendants' performance declined" on both statewide and regional levels. No region met "even half" of its requirements. The Monitor identified a number of systemic issues, including excessive caseloads, inadequate supervision, and poor services exacerbated by a 26% increase in the number of children in need of defendants' care from 2013 to 2015.

Little progress was made during 2016. Judge Lee did grant a motion for plaintiffs' attorneys' fees made under 42 U.S.C. § 1988 after reducing some hourly rates to reflect Mississippi norms on May 6. And on May 19, the parties agreed to a second stipulated remedial order in which the defendants admitted to being out of compliance with the MSA. In addition, they agreed that Public Catalyst would certify whether defendants were in compliance with the specified sections of the Interim Remedial Order.

On December 6, 2016, the Monitor released additional findings on defendants' compliance with the MSA. The Monitor identified high-quality work as "more the exception than the rule," and concluded it was "imperative that defendants work to enhance quality and consistency on all steps of the . . . process." The defendants asserted that they were addressing the problem areas.

Shortly thereafter, the parties revamped their settlement agreement and enforcement protocols. The December 19, 2016 Second Modified Mississippi Settlement Agreement and Reform Plan laid out comprehensive new standards in (1) leadership; (2) child safety; (3) family-based placement; (4) placement standards; (5) visitation; (6) permanency; (7) transitions to adulthood; (8) child well-being; and administrative details of the settlement. It took effect on January 1, 2017. At the same time, the parties adopted a Stipulated Third Remedial Order (STRO). The STRO specified specific steps that the defendants were to take to meet their obligations. It also reiterated that defendants were not in compliance with the MSA but acknowledged that they lacked "the capacity to comply."

Judge Lee granted another motion for plaintiffs' attorneys' fees on July 21, 2017, largely rejecting defendants' objections that plaintiffs' fee requests were overly vague; another fee award was granted on April 9, 2018.

On May 31, 2018, plaintiffs moved for an order declaring defendants in contempt for noncompliance with the STRO. In particular, they alleged that only 61% of defendant's employees met performance targets; the STRO required 90%. Over the next months, the parties engaged in discovery. On January 17, 2019 the court deferred ruling on compliance until after the monitor's June report was filed. After the report was filed on June 11, 2019, the plaintiffs renewed their motion. Discovery continued, as did the biannual reports from the monitor.

As of May 20, 2020 discovery is ongoing with oral argument set for August 4, 2020.

Summary Authors

Raquel Winer (10/29/2026)

Alice Liu (11/9/2012)

Frances Hollander (2/13/2016)

Timothy Leake (11/15/2018)

Alex Moody (5/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4301671/parties/johnson-v-barbour/

Judge(s)

Ball, F. Keith (Mississippi)

Attorney for Plaintiff

Bates, Abraham C. (Mississippi)

Attorney for Defendant

Adams, James N. (Mississippi)

Adrian, Kevin J. (Mississippi)

Expert/Monitor/Master/Other

Anderson, Reuben V. (Mississippi)

Judge(s)

Ball, F. Keith (Mississippi)

Lee, Tom Stewart (Mississippi)

Ozerden, Halil Suleyman (Mississippi)

Attorney for Plaintiff

Bates, Abraham C. (Mississippi)

Bentley, Michael J. (Mississippi)

Burke, Peter H. (Mississippi)

Carbone, Christian D. (New York)

Carmody, Stephen J. (Mississippi)

Conroy, Jayne (Mississippi)

Crean, Tara S. (New York)

Davis, Julia L. (New York)

Dixon, Stephen Andrew (Louisiana)

Drinkwater, W. Wayne Jr. (Mississippi)

Dunlap, Andrew Wells (Mississippi)

Ferguson, Richard (Mississippi)

Freese, Richard A. (Mississippi)

Garrard, Henry G. (Mississippi)

Golub, Andrew S. (Mississippi)

Hall, Jim S. (Mississippi)

Harvey, William Todd (Mississippi)

Hessler, Eric John (Mississippi)

Hill, Michael W. (Mississippi)

Ingber, Miriam F. (New York)

Itkin, Lindsay R (Mississippi)

Jackson, Catholic Diocese (Mississippi)

Jameson, John Ryan (Mississippi)

Johnson, Larry A (Mississippi)

Josephson, Michael A (Mississippi)

Kendrick, Corene (New York)

Kendrick(PHV), Corene (Mississippi)

Lambiase, Susan (New York)

Lambiase(PHV), Susan (Mississippi)

Lang, John F. (New York)

Lang(PHV), John F. (Mississippi)

Leech, Stephen H. (Mississippi)

Liles, William Richard (Mississippi)

Lowry, Marcia Robinson (New York)

Manne, Eric S. (New York)

Manne(PHV), Eric S. (Mississippi)

McAnally, Melody (Mississippi)

Migliori, Donald A. (Mississippi)

Morton, Sara Aniece (Mississippi)

Mumford, Marcus R. (Mississippi)

Nothenberg, Shirim (New York)

Philipps, Mary Elizabeth (Mississippi)

Philipps, David J. (Mississippi)

PHV, Susan Lambiase (Mississippi)

PHV, Brian C. (Mississippi)

PHV, E. Kendrick (Mississippi)

PHV, James R. (Mississippi)

PHV, Janine Cone (Mississippi)

PHV, Anastasia Benedetto (Mississippi)

PHV, Dawn J. (Mississippi)

PHV, Jonathan G. (Mississippi)

PHV, Julia L. (Mississippi)

PHV, Kathryn A. (Mississippi)

PHV, Eric E. (Mississippi)

PHV, Jessica Polansky (Mississippi)

PHV, Marcia Robinson (Mississippi)

PHV, Miriam F. (Mississippi)

PHV, Sara Robinson-Glasser (Mississippi)

PHV, Shirim Nothenberg (Mississippi)

PHV, Stephen A. (Mississippi)

PHV, John A. (Mississippi)

PHV, Margaret Ross (Mississippi)

PHV, Tara S. (Mississippi)

PHV, Erik S. (Mississippi)

PHV, Christian D. (Mississippi)

PHV, Corene Kendrick (Mississippi)

Piskora, John A. (New York)

Pitchal, Erik S. (New York)

Polansky, Jessica E. (New York)

Rausch, Joseph W. (Mississippi)

Risch, Jason S (Mississippi)

Robinson-Glasser, Sara (New York)

Ross, Margaret (New York)

Russo, Sarah (New York)

Samberg, Peter (Mississippi)

Schafner, Amanda (Mississippi)

Schreiber, Richard Mark (Mississippi)

Smith, Jean (Mississippi)

Snow, Tyson B. (Mississippi)

Thompson, Eric E. (New York)

West, Ryan R. (Mississippi)

Willenson, Marni J (Mississippi)

Wood, Kathryn Anne (New York)

Attorney for Defendant

Adams, James N. (Mississippi)

Adrian, Kevin J. (Mississippi)

Edwards, Arthur Martin (Mississippi)

Elder, Amy Kebert (Mississippi)

Fortenberry, Dewitt L. Jr. (Mississippi)

Fortenberry, Ashley Tullos (Mississippi)

Glover, Christopher D. (Mississippi)

Golston, Larry Apaul (Mississippi)

Gov, Wilson D. (Mississippi)

Gov, Mary Jo (Mississippi)

Gov, Harold Edward (Mississippi)

Gov, Jack L. (Mississippi)

Gov, Shawn Stephen (Mississippi)

Gov, Justin L. (Mississippi)

Gov, Douglas T. (Mississippi)

Hall, Jill E. (Mississippi)

Hood, Jim (Mississippi)

Jones, James L. (Mississippi)

Love, Charles M. (Mississippi)

Mallett, Betty A (Mississippi)

Mayer, Robert Gregg (Mississippi)

Morrison, Ian H. (Mississippi)

Pentecost, William C. (Mississippi)

Pizzetta, Harold Edward III (Mississippi)

Rachal, Kenya Key (Mississippi)

Rouse, John T. (Mississippi)

Salvo, Jennifer E. (Mississippi)

Schwartz-Fenwick, Samuel M. (Mississippi)

Scott, Samuel E. (Mississippi)

Shaul, Roman A. (Mississippi)

Shelson, James W (Mississippi)

Siler, William T. (Mississippi)

Thomas, Stephen Lee (Mississippi)

Wilson, Jack L. (Mississippi)

Young, Ashley Tullos (Mississippi)

Zmitrovich, Gretchen L. (Mississippi)

Expert/Monitor/Master

Lopes, Grace Michele (District of Columbia)

Other

Anderson, Reuben V. (Mississippi)

Bedi, Sheila A. (Mississippi)

Cotton, C. Randy (Mississippi)

Crummy, Eileen (Mississippi)

Frizsell, Elizabeth Shanks (Mississippi)

Jones, Jerelyn (Mississippi)

Mathis, Paul (Mississippi)

McGillivary, Gregory Keith (Mississippi)

PHV, Grace M. (Mississippi)

Pordy, Hope Allison (Mississippi)

Ricksecker, David (Mississippi)

Ryan, Kevin (Mississippi)

Services, Mississippi Children's (Mississippi)

Shook, Chadwick (Mississippi)

Taylor, Lisa (Mississippi)

Together, Professionals Advocating (Mississippi)

University, Delta State (Mississippi)

Welfare, Coalition for (Mississippi)

Whitten, George Whitten (Mississippi)

Workers, National Association (Mississippi)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:04-cv-00251	Docket [PACER] Johnson v. Barbour	Sept. 27, 2017	Sept. 27, 2017 Docket
1 3:04-cv-00251	Complaint for Injunctive and Declaratory Relief	March 30, 2004	March 30, 2004 Complaint
25 3:04-cv-00251	Amended Complaint for Injunctive and Declaratory Relief	May 17, 2004	May 17, 2004 Complaint
84 3:04-cv-00251	Memorandum Opinion and Order	March 11, 2005	March 11, 2005 Order/Opinion
350 3:04-cv-00251	Order Johnson v. Barbour	Aug. 29, 2006	Aug. 29, 2006 Order/Opinion 2006 WL 5187653
401 3:04-cv-00251	Joint Motion for Preliminary Approval of Stipulated Settlement Agreement and Brief in Support	April 3, 2007	April 3, 2007 Pleading / Motion / Brief
401-2 3:04-cv-00251	Stipulated Settlement Agreement	April 3, 2007	April 3, 2007 Settlement Agreement
402 3:04-cv-00251	Order	April 3, 2007	April 3, 2007 Order/Opinion
420 3:04-cv-00251	Joint Motion for Final Approval of Stipulated Settlement Agreement	May 14, 2007	May 14, 2007 Pleading / Motion / Brief
438 3:04-cv-00251	Joint Motion for Preliminary Approval of Settlement Agreement and Brief in Support	Nov. 8, 2007	Nov. 8, 2007 Pleading / Motion / Brief

show / hide documents

Resources

Resources related to this case
Title	Description		External URL Date / External URL
Olivia Y. v. Barbour National Center for Youth Law	This class action lawsuit was brought on behalf of 3,000 foster children who are currently in the custody of the Mississippi Division of Family and Children’s Services (DFCS) and the thousands more w…	Nov. 18, 2016	Nov. 18, 2016 https://web.archive.org/...
Olivia Y. v. Barbour Children’s Rights	Children’s Rights, along with co-counsel Bradley, Arant, Rose & White, Stephen Leech and Loeb & Loeb, brought this case against the Governor of Mississippi, the Executive Director of the Mississippi …	July 6, 2012	July 6, 2012 https://web.archive.org/...

show / hide resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4301671/johnson-v-barbour/

Last updated Oct. 29, 2026, 8:15 a.m.

Docket for: Johnson v. Barbour

ECF Number	Date	Description	Link
1	March 30, 2004	COMPLAINT Filing Fee $ 150.00 Receipt # 66363 ; Notice of Assignment mailed. (thr) (Entered: 03/31/2004)	Clearinghouse
3	March 30, 2004	MEMORANDUM by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster in support of [2-1] motion for Class Certification by plaintiffss (thr) (Entered: 03/31/2004)	RECAP
	March 30, 2004	Case assigned to Pending Track - designation of appropriate track will be made after Case Management Conference and a final track assignment. (thr) (Entered: 03/31/2004)	PACER
	March 30, 2004	Magistrate Judge Assignment Alfred G. Nicols (thr)
	March 30, 2004	Case assigned to Pending Track - designation of appropriate track will be made after Case Management Conference and a final track assignment. (thr)
	March 30, 2004	SUMMONS(ES) issued for defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold (thr)
	March 30, 2004	SUMMONS(ES) issued for defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold (thr) (Entered: 03/31/2004)	PACER
	March 30, 2004	Magistrate Judge Assignment Alfred G. Nicols (thr) (Entered: 03/31/2004)	PACER
2	March 31, 2004	MOTION by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster for Class Certification (thr) (Entered: 03/31/2004)	RECAP
4	April 1, 2004	Letter requesting attachment by plaintiffs, re that the corrected copy of the Table of Authorities be attached to their memorandum of law in support of their motion for class certification (cwl) (Entered: 04/01/2004)	RECAP
5	April 2, 2004	SUMMONS Returned Executed as to defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold 4/1/04 Answer due on 4/21/04 for Billy Mangold, for Donald Taylor, for Haley Barbour (cwl) (Entered: 04/02/2004)	RECAP
10	April 2, 2004	MOTION by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster for Eric E. Thomspon to Appear Pro Hac Vice (cwl) (Entered: 04/08/2004)	RECAP
11	April 2, 2004	MOTION by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster for Susan Lambiase to Appear Pro Hac Vice (cwl) (Entered: 04/08/2004)	RECAP
12	April 2, 2004	MOTION by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster for Marcia Robinson Lowry to Appear Pro Hac Vice (cwl) (Entered: 04/08/2004)	RECAP
13	April 2, 2004	MOTION by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster for Shirim Nothenberg to Appear Pro Hac Vice (cwl) (Entered: 04/08/2004)	RECAP
6	April 6, 2004	MOTION by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster for Corene Kendrick to Appear Pro Hac Vice (cwl) (Entered: 04/06/2004)	RECAP
	April 6, 2004	Pro Hac Vice fee paid FILING FEE $ 25.00 RECEIPT # J066643 (cwl) (Entered: 04/06/2004)	PACER
	April 6, 2004	Pro Hac Vice fee paid FILING FEE $ 25.00 RECEIPT # J066643 (cwl)
7	April 7, 2004	MOTION by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster for Christian D. Carbone to Appear Pro Hac Vice (cwl) Modified on 04/08/2004 (Entered: 04/08/2004)	RECAP
8	April 7, 2004	MOTION by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster for John F. Lang to Appear Pro Hac Vice (cwl) Modified on 04/08/2004 (Entered: 04/08/2004)	RECAP
9	April 7, 2004	MOTION by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster for Eric S. Manne to Appear Pro Hac Vice (cwl) (Entered: 04/08/2004)	RECAP
	April 7, 2004	Recived from Katherine Alexancer on 4/7/04, re original motions for Admission Pro Hac Vice of Thompson, Lambiase, Lowry and Nothenberg. (cwl) (Entered: 04/08/2004)	PACER
	April 7, 2004	Pro Hac Vice fee paid FILING FEE $ 25.00 RECEIPT # J066680, J066679, J066678 and J066677. (cwl) (Entered: 04/08/2004)	PACER
	April 7, 2004	Recived from Katherine Alexancer on 4/7/04, re original motions for Admission Pro Hac Vice of Thompson, Lambiase, Lowry and Nothenberg. (cwl)
	April 7, 2004	Pro Hac Vice fee paid FILING FEE $ 25.00 RECEIPT # J066680, J066679, J066678 and J066677. (cwl)
	April 13, 2004	Pro Hac Vice fee paid by Eric S. Manne FILING FEE $ 25.00 RECEIPT # J066785 (cwl) (Entered: 04/13/2004)	PACER
	April 13, 2004	Pro Hac Vice fee paid by John F. Lang FILING FEE $ 25.00 RECEIPT # J066784 (cwl) (Entered: 04/13/2004)	PACER
	April 13, 2004	Pro Hac Vice fee paid by Christian D. Carbone FILING FEE $ 25.00 RECEIPT # J066783 (cwl) (Entered: 04/13/2004)	PACER
	April 13, 2004	Pro Hac Vice fee paid by Eric S. Manne FILING FEE $ 25.00 RECEIPT # J066785 (cwl)
	April 13, 2004	Pro Hac Vice fee paid by John F. Lang FILING FEE $ 25.00 RECEIPT # J066784 (cwl)
	April 13, 2004	Pro Hac Vice fee paid by Christian D. Carbone FILING FEE $ 25.00 RECEIPT # J066783 (cwl)
14	April 16, 2004	ORDER granting [9-1] motion for Eric S. Manne to Appear Pro Hac Vice ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (cwl) (Entered: 04/16/2004)	RECAP
15	April 16, 2004	ORDER granting [8-1] motion for John F. Lang to Appear Pro Hac Vice ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (cwl) (Entered: 04/16/2004)	RECAP
16	April 16, 2004	ORDER granting [7-1] motion for Christian D. Carbone to Appear Pro Hac Vice ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (cwl) (Entered: 04/16/2004)	RECAP
17	April 16, 2004	ORDER granting [6-1] motion for Corene Kendrick to Appear Pro Hac Vice ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (cwl) (Entered: 04/16/2004)	RECAP
18	April 16, 2004	ORDER granting [11-1] motion for Susan Lambiase to Appear Pro Hac Vice ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (cwl) (Entered: 04/16/2004)	RECAP
19	April 16, 2004	ORDER granting [12-1] motion for Marcia Robinson Lowry to Appear Pro Hac Vice ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (cwl) (Entered: 04/16/2004)	RECAP
20	April 16, 2004	ORDER granting [13-1] motion for Shirim Nothenberg to Appear Pro Hac Vice ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (cwl) (Entered: 04/16/2004)	RECAP
21	April 16, 2004	ORDER granting [10-1] motion for Eric E. Thomspon to Appear Pro Hac Vice ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (cwl) (Entered: 04/16/2004)	RECAP
22	April 21, 2004	MOTION by defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold to Extend Time to respond to complaint and to plaintiffs' Motionfor Class Certification (sec) (Entered: 04/22/2004)	RECAP
23	April 22, 2004	ORDER granting [22-1] motion to Extend Time, reset Answer deadline to 5/24/04 for Billy Mangold, for Donald Taylor, for Haley Barbour, Response to Motion reset to 5/24/04 for [2-1] motion for Class Certification ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (pkm) (Entered: 04/23/2004)	RECAP
24	April 28, 2004	Rule 16.1(A) Initial Order; copies mailed (cwl) (Entered: 04/28/2004)	RECAP
	April 28, 2004	Telephonic Case Management Conference set 10:00 6/10/04 location: Jackson, MS before Magistrate Judge Alfred G. Nicols copies mailed to Harold Edward Pizzetta III, Christian D. Carbone, John F. Lang, Eric S. Manne, Corene Kendrick, Shirim Nothenberg, Marcia Robinson Lowry, Susan Lambiase, Eric E. Thompson, Stephen H. Leech Jr., Melody I. McAnally, W. Wayne Drinkwater Jr. (cwl) (Entered: 04/28/2004)	PACER
	April 28, 2004	Telephonic Case Management Conference set 10:00 6/10/04 location: Jackson, MS before Magistrate Judge Alfred G. Nicols copies mailed to Harold Edward Pizzetta III, Christian D. Carbone, John F. Lang, Eric S. Manne, Corene Kendrick, Shirim Nothenberg, Marcia Robinson Lowry, Susan Lambiase, Eric E. Thompson, Stephen H. Leech Jr., Melody I. McAnally, W. Wayne Drinkwater Jr. (cwl)
25	May 17, 2004	AMENDED COMPLAINT by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster (Answer due 5/27/04 for Billy Mangold, for Donald Taylor, for Haley Barbour ) amending [1-1] complaint (cwl) (Entered: 05/18/2004)	Clearinghouse
26	June 1, 2004	MOTION by defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold to Dismiss (cwl) (Entered: 06/03/2004)	RECAP
27	June 1, 2004	MEMORANDUM by defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold in support of [26-1] motion to Dismiss by defendantss (cwl) (Entered: 06/03/2004)	RECAP
28	June 1, 2004	MOTION by defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold to Stay Discovery pending ruling on the motion to dismiss (cwl) (Entered: 06/03/2004)	RECAP
29	June 1, 2004	MOTION by defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold to Stay Class Certification pending ruiling on motion to dismiss (cwl) (Entered: 06/03/2004)	RECAP
30	June 3, 2004	Notice of Service of Disclosure by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster (cwl) (Entered: 06/03/2004)	RECAP
31	June 3, 2004	Letter requesting attachment by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster, re that the certificate of service be attached to their notice of service of pre-discovery disclosure. (cwl) (Entered: 06/04/2004)	RECAP
32	June 15, 2004	RESPONSE by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster in opposition to [29-1] motion to Stay Class Certification pending ruiling on motion to dismiss by defendantss, [28-1] motion to Stay Discovery pending ruling on the motion to dismiss by defendants (cwl) (Entered: 06/15/2004)	RECAP
33	June 15, 2004	MEMORANDUM by plaintiff James D. Johnson in opposition to [26-1] motion to Dismiss by defendants (cwl) (Entered: 06/15/2004)	RECAP
34	June 17, 2004	Minute entry: Telephonic Case Management Conference held. (cwl) (Entered: 06/17/2004)	RECAP
35	June 17, 2004	CASE MANAGEMENT PLAN AND SCHEDULING ORDER Case Assigned to CJRA Track: Standard Scheduling Deadlines: Jury Trial 11/13/05 ; Final Pretrial Conference for 10/17/05 ; Discovery cutoff 7/13/05 ; Joining of parties,amending of pleadings by 7/15/04 ; Pla. Designation of Experts by 4/13/05 ; Dft Designation of Experts by 5/13/05 ; Motion Filing deadline on 7/28/05 ; ( signed by Magistrate Judge Alfred G. Nicols ) copies mailed. (cwl) (Entered: 06/17/2004)	RECAP
	June 17, 2004	Case assigned to Standard Track. (cwl) (Entered: 06/17/2004)	PACER
	June 17, 2004	Case assigned to Standard Track. (cwl)
36	June 23, 2004	MEMORANDUM by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster in opposition to [26-1] motion to Dismiss by defendants (cwl) (Entered: 06/23/2004)	RECAP
37	June 23, 2004	MEMORANDUM by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster in opposition to [29-1] motion to Stay Class Certification pending ruiling on motion to dismiss by defendants (cwl) (Entered: 06/23/2004)	RECAP
38	June 29, 2004	ORDER denying [28-1] motion to Stay Discovery pending ruling on the motion to dismiss ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (cwl) (Entered: 06/29/2004)	RECAP
39	June 30, 2004	MOTION by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster to Modify the Case Management Order (cwl) (Entered: 07/01/2004)	RECAP
40	July 12, 2004	ORDER granting [39-1] motion to Modify the Case Management Order to state that liability and damages will be bifurcated. ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (cwl) (Entered: 07/12/2004)	RECAP
41	July 23, 2004	NOTICE (5) by plaintiffs to take depositions of Mechille Henry, Bily Mangold, Wanda B. Gillom, Yutaska D. Simpson, and Deborah Stewart. (pkm) (Entered: 07/24/2004)	RECAP
42	July 27, 2004	NOTICE of Attorney Appearance for defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold by Betty A. Mallett, Samuel E. Scott, Amy Kebert Elder (cwl) (Entered: 07/28/2004)	RECAP
43	July 30, 2004	MOTION by defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold to Quash Notice of Depositions (cwl) (Entered: 07/30/2004)	RECAP
44	July 30, 2004	RESPONSE by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster in opposition to [43-1] motion to Quash Notice of Depositions by defendants. (cwl) (Entered: 07/30/2004)	RECAP
45	July 30, 2004	MEMORANDUM by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster in support of [44-1] opposition response by plaintiffs, [44-1] motion to Compel Deposition Testimony by plaintiffs (cwl) (Entered: 07/30/2004)	RECAP
46	Aug. 5, 2004	CONFIDENTIALITY ORDER; tht this confidentiality order governs DHS records disclosed as part of this litigation; that it does not effect the dissemination of confidential information in the ordinary course of business at DHS under existing confidentiality policies and laws; that any proper person to whom any individually identifiable informatin identified in paragraph 2 is disclosed under the terms of this Order shall be provided a copy of this order and is directed not to reveal the contents thereof for any purpose other than as permitted in this order ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (sec) (Entered: 08/06/2004)	RECAP
47	Aug. 12, 2004	Minute entry: Motion Hearing held before Mag. Judge Nicols. Motion to Compel - granted. Order to be entered. (cwl) (Entered: 08/12/2004)	RECAP
48	Aug. 18, 2004	NOTICE by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster to take deposition of Billy Mangold on 8/25/04 (cwl) (Entered: 08/19/2004)	RECAP
49	Aug. 25, 2004	NOTICE by defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold to take deposition of Clara Lewis, Zelantra Williams, James D. Johnson, Yvette Bullock, Sharon Scott and Slyvia Foster (cwl) (Entered: 08/25/2004)	RECAP
50	Oct. 6, 2004	RE-NOTICE (3) by all defendants to take deposition of Sharon Scott, Yvette Bullock, and Clara Lewis. (pkm) (Entered: 10/06/2004)	RECAP
51	Oct. 12, 2004	Re-NOTICE by defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold to take deposition of Sharon Scott (cwl) (Entered: 10/12/2004)	RECAP
52	Oct. 14, 2004	MOTION by plaintiff James D. Johnson, plaintiff Carla Lewis, plaintiff Sylvia Forster to Compel Deposition Testimony of Linda Millsaps, for Sanctions, for Protective Order (cwl) (Entered: 10/14/2004)	RECAP
53	Oct. 14, 2004	RESPONSE by defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold to [52-1] motion to Compel Deposition Testimony of Linda Millsaps by plaintiffss, [52-2] motion for Sanctions by plaintiffss, [52-3] motion for Protective Order by plaintiffs (cwl) (Entered: 10/14/2004)	RECAP
54	Nov. 1, 2004	MOTION by plaintiffs to Compel production of missing and supplemental named plaintiff case records. (pkm) Modified on 11/02/2004 (Entered: 11/02/2004)	RECAP
55	Nov. 4, 2004	ORDER denying [52-1] motion to Compel Deposition Testimony of Linda Millsaps, denying [52-2] motion for Sanctions ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (cwl) (Entered: 11/05/2004)	RECAP
56	Nov. 5, 2004	RE-NOTICE by defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold to take deposition of Yvette Bullock on 11/17/04 (sec) (Entered: 11/05/2004)	RECAP
57	Nov. 19, 2004	MEMORANDUM OPINION and ORDER granting in part, denying in part [26-1] motion to Dismiss ( signed by Judge Tom S. Lee ) ;copies mailed. ob: 2004 page: 3206-3262 (cwl) (Entered: 11/19/2004)	RECAP
	Nov. 19, 2004	TEXT ONLY ORDER finding as moot 29 Motion to Stay pending ruling on motion to dismiss (ruling entered 11/19/04) (lwe) (Entered: 01/20/2005)	PACER
	Nov. 19, 2004	TEXT ONLY ORDER finding as moot 29 Motion to Stay pending ruling on motion to dismiss (ruling entered 11/19/04) (lwe)
58	Dec. 1, 2004	ORDER, reset Telephone Conference for 10:30 12/14/04 ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (cwl) (Entered: 12/01/2004)	RECAP
59	Dec. 8, 2004	MOTION by defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold to Extend Time in which to file responsive pleading to the plaintiffs' amended complaint (cwl) (Entered: 12/08/2004)	RECAP
60	Dec. 10, 2004	ANSWER by defendant Haley Barbour, defendant Donald Taylor, defendant Billy Mangold (Attorney Betty A. Mallett ) to amended complaint (cwl) (Entered: 12/13/2004)	RECAP
61	Dec. 14, 2004	ORDER granting [59-1] motion to Extend Time in which to file responsive pleading to the plaintiffs' amended complaint until 12/10/04. ( signed by Magistrate Judge Alfred G. Nicols ); copies mailed. (cwl) (Entered: 12/14/2004)	RECAP
62	Dec. 16, 2004	Minute entry: Scheduling Conference held on 12/14/04 before Mag. Judge Nicols; Court Reporter: none; Order to be submitted. (cwl) (Entered: 12/17/2004)	RECAP
63	Dec. 17, 2004	ORDER, to Amend [35-1] case management order, Set Case Management Order Deadlines Disclosure Cutoff 12/28/04 ; Jury Trial 2/13/06 ; Final Pretrial Conference for 1/12/06 ; Discovery Cutoff 10/13/05 ; Pla. Designation of Experts by 8/15/05 ; Dft Designation of Experts by 9/15/05 ; Trial Motions Filing Deadline on 10/28/05 ; Motions: Defendants opposition to plaintiffs motion for class certification by 1/17/05; plaintiffs' reply to defendants' opposition by 1/31/05. ( signed by Magistrate Alfred G. Nicols ); copies mailed. (cwl) (Entered: 12/17/2004)	RECAP
64	Dec. 23, 2004	NOTICE of Service of Disclosure by James D. Johnson, Carla Lewis, Sylvia Forster.(Louisville, Chris) (Entered: 12/24/2004)	RECAP
65	Dec. 28, 2004	NOTICE of Service of Disclosure to plaintiffs by Haley Barbour, Donald Taylor, Billy Mangold.(Louisville, Chris) (Entered: 12/29/2004)	RECAP
66	Jan. 14, 2005	MOTION for Extension of Time to File Response/Reply Plaintiffs' First Request for Production of Documents. (cwl ) (Entered: 01/14/2005)	RECAP
67	Jan. 14, 2005	NOTICE of Service of Priviledge Log by Haley Barbour, Donald Taylor, Billy Mangold (cwl, Deputy Clerk) (Entered: 01/15/2005)	RECAP
68	Jan. 18, 2005	RESPONSE in Opposition re 2 Motion for Miscellaneous Relief of Class Certification filed by Haley Barbour, Donald Taylor, Billy Mangold. (Attachments: # 1 Exhibit)(Scott, Samuel) (Entered: 01/18/2005) 1 Exhibit View on RECAP	RECAP
69	Jan. 18, 2005	MEMORANDUM in Opposition re 2 Motion for Miscellaneous Relief of Class Certifcation filed by Haley Barbour, Donald Taylor, Billy Mangold. (Scott, Samuel) (Entered: 01/18/2005)	RECAP
70	Jan. 20, 2005	RESPONSE in Opposition re 66 MOTION for 45 Day Extension of Time to File Response/Reply Discovery filed by James D. Johnson, Carla Lewis, Sylvia Forster. (cwl, Deputy Clerk) (Entered: 01/20/2005)	RECAP
71	Jan. 24, 2005	ORDER granting 66 Motion for Extension of Time to File Response/Reply to Discovery, Responses due by 3/4/2005. Signed by Judge Alfred G. Nicols on 3/24/05. (cwl, Deputy Clerk) (Entered: 01/25/2005)	RECAP
72	Jan. 26, 2005	NOTICE of Service of Response to Request for Production by Haley Barbour, Donald Taylor, Billy Mangold.(cwl, Deputy Clerk) (Entered: 01/26/2005)	RECAP
73	Jan. 31, 2005	REPLY to Response to Motion re 2 Motion for Miscellaneous Relief, 3 Memorandum in Support of Motion filed by Sharon Scott, Zelatra W, James D. Johnson, Carla Lewis, Sylvia Forster. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(McAnally, Melody) (Entered: 01/31/2005) 1 Exhibit View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP 5 Exhibit View on RECAP 6 Exhibit View on RECAP 7 Exhibit View on RECAP	RECAP
74	Jan. 31, 2005	MOTION for Leave to File Excess Pages by Sharon Scott, Zelatra W, James D. Johnson, Carla Lewis, Sylvia Forster. (McAnally, Melody) (Entered: 01/31/2005)	RECAP
75	Jan. 31, 2005	MOTION to Seal Exhibit "1", MOTION to Strike 68 Response in Opposition to Motion strike only Exhibit "1" by Sharon Scott, Zelatra W, James D. Johnson, Carla Lewis, Sylvia Forster. Responses due by 1/31/2005 (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(McAnally, Melody) (Entered: 01/31/2005) 1 Exhibit View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP	RECAP
76	Feb. 1, 2005	MOTION to Amend/Correct 68 Response in Opposition to Motion, 69 Memorandum in Opposition to Motion to Amend Exhibit 1 by Haley Barbour, Donald Taylor, Billy Mangold. (Attachments: # 1 Exhibit Amended)(Scott, Samuel) (Entered: 02/01/2005) 1 Exhibit Amended View on RECAP	RECAP

show / hide docket entries

Case Details

State / Territory:

Mississippi

Case Type(s):

Child Welfare

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 30, 2004

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs, on behalf of abused and neglected children in Mississippi’s child welfare system, allege that the state systematically failed to care for and protect the state’s abused and neglected children.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Department of Human Services

Division of Family and Children's Services